Full Text of SB0668 101st General Assembly
SB0668sam002 101ST GENERAL ASSEMBLY | Sen. John J. Cullerton Filed: 11/12/2019
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| 1 | | AMENDMENT TO SENATE BILL 668
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 668 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Flavored Electronic Cigarette Ban Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Characterizing flavor" means a distinguishable taste or | 8 | | aroma, other than the taste or aroma of tobacco, imparted by an | 9 | | electronic cigarette or related flavor product, or any | 10 | | by-product produced by the electronic cigarette or related | 11 | | flavor product. "Characterizing flavor" includes, but is not | 12 | | limited to, tastes or aromas relating to any fruit, chocolate, | 13 | | vanilla, honey, candy, cocoa, dessert, alcoholic beverage, | 14 | | mint, menthol, wintergreen, herb, or spice. An electronic | 15 | | cigarette or related flavor product does not have a | 16 | | characterizing flavor solely because of the use of additives or |
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| 1 | | flavorings or the provision of ingredient information. | 2 | | "Constituent" means any ingredient, substance, chemical, | 3 | | or compound, other than water, that is added to an electronic | 4 | | cigarette or related flavor product. | 5 | | "Department" means the Department of Human Services. | 6 | | "Distinguishable" means perceivable by either the sense of | 7 | | smell or taste.
| 8 | | "Distributor" means a person who sells, offers for sale, or | 9 | | transfers any tobacco, tobacco products, flavored electronic | 10 | | cigarette, or related flavor product for resale and not for use | 11 | | or consumption. "Distributor" includes a distributor as | 12 | | defined in Section 1 of the Cigarette Tax Act, Section 1 of the | 13 | | Cigarette Use Tax Act, and Section 10-5 of the Tobacco Products | 14 | | Tax Act of 1995. | 15 | | "Electronic cigarette" means: | 16 | | (1) any device that employs a battery or other | 17 | | mechanism to heat a solution or substance to produce a | 18 | | vapor or aerosol intended for inhalation; | 19 | | (2) any cartridge or container of a solution or | 20 | | substance intended to be used with or in the device or to | 21 | | refill the device; or | 22 | | (3) any solution or substance, whether or not it | 23 | | contains nicotine, intended for use in the device. | 24 | | "Electronic cigarette" includes, but is not limited to, any | 25 | | electronic nicotine delivery system, electronic cigar, | 26 | | electronic cigarillo, electronic pipe, electronic hookah, vape |
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| 1 | | pen, or similar product or device, and any components or parts | 2 | | that can be used to build the product or device. "Electronic | 3 | | cigarette" does not include: any smokeless nicotine product; a | 4 | | cigarette, as defined in Section 1 of the Cigarette Tax Act; | 5 | | any tobacco product as defined in this Section; any product | 6 | | approved by the United States Food and Drug Administration for | 7 | | sale as a tobacco cessation product or a tobacco dependence | 8 | | product, or for other medical purposes that is marketed and | 9 | | sold solely for that approved purpose; any asthma inhaler | 10 | | prescribed by a physician for that condition that is marketed | 11 | | and sold solely for that approved purpose; any therapeutic | 12 | | product approved for use under the Compassionate Use of Medical | 13 | | Cannabis Program Act; or cannabis as defined in Section 1-10 of | 14 | | the Cannabis Regulation and Tax Act. | 15 | | "Flavored electronic cigarette" means any electronic | 16 | | cigarette containing a constituent that imparts a | 17 | | characterizing flavor. | 18 | | "Labeling" means written, printed, pictorial, or graphic | 19 | | matter upon any electronic cigarette or related flavor product | 20 | | or any packaging of an electronic cigarette or related flavor | 21 | | product. | 22 | | "Packaging" means a pack, box, carton, or container of any | 23 | | kind or, if no other container, any wrapping or cellophane in | 24 | | which an electronic cigarette or related flavor product is sold | 25 | | or offered for sale to a consumer. | 26 | | "Related flavor product" means any flavor product intended |
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| 1 | | for or traditionally used with tobacco, including papers, | 2 | | wraps, tubes, or filters. A product of a type which has in the | 3 | | past been used in conjunction with tobacco or nicotine use | 4 | | shall be deemed a "related flavor product" regardless of any | 5 | | labeling or descriptive language on the product stating that | 6 | | the product is not intended for use with tobacco, is for | 7 | | non-tobacco use only, or other similar language. | 8 | | "Retailer" means a person who engages in this State in the | 9 | | sale, or offering for sale, of flavored electronic cigarettes | 10 | | or related flavor products for use or consumption and not for | 11 | | resale in any form. "Retailer" includes a retailer as that term | 12 | | is defined in Section 1 of the Cigarette Tax Act and Section | 13 | | 10-5 of the Tobacco Products Tax Act of 1995. | 14 | | "Secondary distributor" means a secondary distributor as | 15 | | that term is defined in Section 1 of the Cigarette Tax Act or | 16 | | Section 1 of the Cigarette Use Tax Act. | 17 | | "Smokeless nicotine product" means nicotine that is in the | 18 | | form of a solid, gel, gum, or paste that is intended for human | 19 | | consumption, placement in the oral or nasal cavity, or | 20 | | absorption into the human body by any other means. "Smokeless | 21 | | nicotine product" does not include any tobacco product or | 22 | | cigarette. | 23 | | "Tobacco product" means any product containing or made from | 24 | | tobacco that is intended for human consumption, whether smoked, | 25 | | heated, chewed, absorbed, dissolved, inhaled, snorted, | 26 | | sniffed, or ingested by any other means, including, but not |
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| 1 | | limited to, cigarettes, cigars, little cigars, chewing | 2 | | tobacco, pipe tobacco, snuff, snus, and any other smokeless | 3 | | tobacco product which contains tobacco that is finely cut, | 4 | | ground, powdered, or leaf and intended to be placed in the oral | 5 | | cavity. "Tobacco product" includes any component, part, or | 6 | | accessory of a tobacco product, whether or not sold separately. | 7 | | "Tobacco product" does not include an electronic cigarette, a | 8 | | smokeless nicotine product, an alternative nicotine product, | 9 | | or any product that has been approved by the United States Food | 10 | | and Drug Administration for sale as a tobacco cessation | 11 | | product, as a tobacco dependence product, or for other medical | 12 | | purposes, and is being marketed and sold solely for that | 13 | | approved purpose. | 14 | | Section 10. Prohibitions. | 15 | | (a) A retailer, or any of a retailer's agents or employees, | 16 | | may not sell, offer for sale, or possess with the intent to | 17 | | sell or offer for sale a flavored electronic cigarette or | 18 | | related flavor product. | 19 | | (b) A distributor or secondary distributor may not sell, | 20 | | offer for sale, or possess with intent to sell or offer for | 21 | | sale a flavored electronic cigarette or related flavor product | 22 | | in this State. There is a rebuttable presumption that a | 23 | | distributor or secondary distributor possesses a flavored | 24 | | electronic cigarette or related flavor product with the intent | 25 | | to sell in the State if the distributor or secondary |
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| 1 | | distributor cannot provide, upon request, evidence that the | 2 | | product is intended for order or purchase from without the | 3 | | State. | 4 | | (c) There is a rebuttable presumption that an electronic | 5 | | cigarette or product is a flavored electronic cigarette or | 6 | | related flavor product if a manufacturer or any of a | 7 | | manufacturer's agents or employees, in the course of their | 8 | | agency or employment, has made a statement or claim directed to | 9 | | consumers or to the public that the electronic cigarette or | 10 | | related flavor product has or produces a characterizing flavor, | 11 | | including, but not limited to, text, color, or images on the | 12 | | product's labeling or packaging that are used to explicitly or | 13 | | implicitly communicate or suggest that the electronic | 14 | | cigarette or related flavor product has a characterizing | 15 | | flavor. A product with labeling or packaging that suggests the | 16 | | presence of a characterizing flavor is presumed to be a | 17 | | flavored electronic cigarette or related flavor product. | 18 | | (d) This Section does not apply to any flavored electronic | 19 | | cigarette that has obtained a tobacco product clearance order | 20 | | pursuant to Section 387j of Title 21 of the United States Code. | 21 | | (e) A distributor, secondary distributor, or retailer, or | 22 | | any of a retailer's agents or employees, shall not fulfill an | 23 | | order for, or allow a flavored electronic cigarette or related | 24 | | flavor product to be purchased by, or shipped to, any person in | 25 | | this State. As used in this subsection, "ordered or purchased" | 26 | | includes: |
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| 1 | | (1) a consumer submitting an order for sale by means | 2 | | of: | 3 | | (A) a telephone or other method of voice | 4 | | transmission; | 5 | | (B) the mail; or | 6 | | (C) the Internet or other online service; or | 7 | | (2) situations where the seller is otherwise not in the | 8 | | physical presence of the buyer when the request for | 9 | | purchase or order is made. | 10 | | This subsection (e) applies regardless of whether the | 11 | | retailer is located within the State or not. | 12 | | Section 15. Administrative rules; enforcement.
The | 13 | | Department shall enforce this Act and may adopt rules or | 14 | | guidelines for the implementation and enforcement of this Act.
| 15 | | Section 20. Violations.
Upon a decision by the Department | 16 | | after notice and hearing that a distributor, secondary | 17 | | distributor, or retailer, or any of a retailer's agents or | 18 | | employees, has engaged in any conduct that violates this Act, | 19 | | the Department of Revenue may suspend: that distributor's | 20 | | license under Section 6 of the Cigarette Tax Act, Section 6 of | 21 | | the Cigarette Use Tax Act, or Section 10-25 of the Tobacco | 22 | | Products Tax Act of 1995; that secondary distributor's license | 23 | | under Section 6 of the Cigarette Tax Act or Section 6 of the | 24 | | Cigarette Use Tax Act; or that retailer's license under Section |
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| 1 | | 6 of the Cigarette Tax Act or Section 10-25 of the Tobacco | 2 | | Products Tax Act of 1995. Any suspension shall be preceded by a | 3 | | notice from the Department of Revenue of the initial | 4 | | determination or violation. A license shall be suspended 3 days | 5 | | for a first violation, 7 days for a second violation, and 30 | 6 | | days for a third and each subsequent violation. | 7 | | The Department of Revenue shall impose a civil penalty not | 8 | | to exceed $5,000 on any person engaged in the business of | 9 | | selling flavored electronic cigarettes or related flavor | 10 | | products who ships or causes to be shipped any flavored | 11 | | electronic cigarettes or related flavor products to any person | 12 | | in this State in violation of subsection (e) of Section 10. | 13 | | Civil penalties imposed and collected by the Department under | 14 | | this subsection shall be deposited into the Tax Compliance and | 15 | | Administration Fund. | 16 | | Section 25. No conflict with federal or State law. Nothing | 17 | | in this Act shall be interpreted or applied to create any | 18 | | requirement, power, or duty that is preempted by federal or | 19 | | State law. | 20 | | Section 90. The Cigarette Tax Act is amended by changing | 21 | | Section 6 as follows:
| 22 | | (35 ILCS 130/6) (from Ch. 120, par. 453.6)
| 23 | | Sec. 6. Revocation, cancellation, or suspension of |
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| 1 | | license. The Department may, after notice and hearing as | 2 | | provided for by this
Act, revoke, cancel or suspend the license | 3 | | of any distributor, secondary distributor, or retailer for the
| 4 | | violation of any provision of this Act, or for noncompliance | 5 | | with any
provision herein contained, or for any noncompliance | 6 | | with any lawful rule
or regulation promulgated by the | 7 | | Department under Section 8 of this Act, or
because the licensee | 8 | | is determined to be ineligible for a distributor's
license for | 9 | | any one or more of the reasons provided for in Section 4 of
| 10 | | this Act, or because the licensee is determined to be | 11 | | ineligible for a secondary distributor's license for any one or | 12 | | more of the reasons provided for in Section 4c of this Act, or | 13 | | because the licensee is determined to be ineligible for a | 14 | | retailer's license for any one or more of the reasons provided | 15 | | for in Section 4g of this Act. However, no such license shall | 16 | | be revoked, cancelled or
suspended, except after a hearing by | 17 | | the Department with notice to the
distributor, secondary | 18 | | distributor, or retailer, as aforesaid, and affording such | 19 | | distributor, secondary distributor, or retailer a reasonable
| 20 | | opportunity to appear and defend, and any distributor, | 21 | | secondary distributor, or retailer aggrieved by any
decision of | 22 | | the Department with respect thereto may have the determination
| 23 | | of the Department judicially reviewed, as herein provided.
| 24 | | The Department may revoke, cancel, or suspend the license | 25 | | of any
distributor for a violation of the Tobacco Product | 26 | | Manufacturers' Escrow
Enforcement Act as provided in Section 30 |
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| 1 | | of that Act. The Department may revoke, cancel, or suspend the | 2 | | license of any secondary distributor for a violation of | 3 | | subsection (e) of Section 15 of the Tobacco Product | 4 | | Manufacturers' Escrow Enforcement Act.
| 5 | | The Department may suspend the license of any distributor, | 6 | | secondary distributor, or retailer for a violation of the | 7 | | Flavored Electronic Cigarette Ban Act as provided in Section 20 | 8 | | of that Act. | 9 | | If the retailer has a training program that facilitates | 10 | | compliance with minimum-age tobacco laws, the Department shall | 11 | | suspend for 3 days the license of that retailer for a fourth or | 12 | | subsequent violation of the Prevention of Tobacco Use by | 13 | | Persons under 21 Years of Age and Sale and Distribution of | 14 | | Tobacco Products Act, as provided in subsection (a) of Section | 15 | | 2 of that Act. For the purposes of this Section, any violation | 16 | | of subsection (a) of Section 2 of the Prevention of Tobacco Use | 17 | | by Persons under 21 Years of Age and Sale and Distribution of | 18 | | Tobacco Products Act occurring at the retailer's licensed | 19 | | location during a 24-month period shall be counted as a | 20 | | violation against the retailer. | 21 | | If the retailer does not have a training program that | 22 | | facilitates compliance with minimum-age tobacco laws, the | 23 | | Department shall suspend for 3 days the license of that | 24 | | retailer for a second violation of the Prevention of Tobacco | 25 | | Use by Persons under 21 Years of Age and Sale and Distribution | 26 | | of Tobacco Products Act, as provided in subsection (a-5) of |
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| 1 | | Section 2 of that Act. | 2 | | If the retailer does not have a training program that | 3 | | facilitates compliance with minimum-age tobacco laws, the | 4 | | Department shall suspend for 7 days the license of that | 5 | | retailer for a third violation of the Prevention of Tobacco Use | 6 | | by Persons under 21 Years of Age and Sale and Distribution of | 7 | | Tobacco Products Act, as provided in subsection (a-5) of | 8 | | Section 2 of that Act. | 9 | | If the retailer does not have a training program that | 10 | | facilitates compliance with minimum-age tobacco laws, the | 11 | | Department shall suspend for 30 days the license of a retailer | 12 | | for a fourth or subsequent violation of the Prevention of | 13 | | Tobacco Use by Persons under 21 Years of Age and Sale and | 14 | | Distribution of Tobacco Products Act, as provided in subsection | 15 | | (a-5) of Section 2 of that Act. | 16 | | A training program that facilitates compliance with | 17 | | minimum-age tobacco laws must include at least the following | 18 | | elements: (i) it must explain that only individuals displaying | 19 | | valid identification demonstrating that they are 21 years of | 20 | | age or older shall be eligible to purchase cigarettes or | 21 | | tobacco products and (ii) it must explain where a clerk can | 22 | | check identification for a date of birth. The training may be | 23 | | conducted electronically. Each retailer that has a training | 24 | | program shall require each employee who completes the training | 25 | | program to sign a form attesting that the employee has received | 26 | | and completed tobacco training. The form shall be kept in the |
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| 1 | | employee's file and may be used to provide proof of training. | 2 | | Any distributor, secondary distributor, or retailer | 3 | | aggrieved by any decision of the Department under this
Section
| 4 | | may, within 20 days after notice of the decision, protest and | 5 | | request a
hearing. Upon receiving a request for a hearing, the | 6 | | Department shall give
notice in writing to the distributor, | 7 | | secondary distributor, or retailer requesting the hearing that | 8 | | contains a
statement of the charges preferred against the | 9 | | distributor, secondary distributor, or retailer and that | 10 | | states the
time and place fixed for the hearing. The Department | 11 | | shall hold the hearing in
conformity with the provisions of | 12 | | this Act and then issue its final
administrative decision in | 13 | | the matter to the distributor, secondary distributor, or | 14 | | retailer. In the absence of a
protest and request for a hearing | 15 | | within 20 days, the Department's decision
shall become final | 16 | | without any further determination being made or notice
given.
| 17 | | No license so revoked, as aforesaid, shall be reissued to | 18 | | any such
distributor, secondary distributor, or retailer | 19 | | within a period of 6 months after the date of the final
| 20 | | determination of such revocation. No such license shall be | 21 | | reissued at all
so long as the person who would receive the | 22 | | license is ineligible to
receive a distributor's license under | 23 | | this Act for any one or more of the
reasons provided for in | 24 | | Section 4 of this Act, is ineligible to receive a secondary | 25 | | distributor's license under this Act for any one or more of the | 26 | | reasons provided for in Section 4c of this Act, or is |
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| 1 | | determined to be ineligible for a retailer's license under the | 2 | | Act for any one or more of the reasons provided for in Section | 3 | | 4g of this Act.
| 4 | | The Department upon complaint filed in the circuit
court | 5 | | may by injunction
restrain any person who fails, or refuses, to | 6 | | comply with any of the
provisions of this Act from acting as a | 7 | | distributor, secondary distributor, or retailer of cigarettes | 8 | | in this
State.
| 9 | | (Source: P.A. 101-2, eff. 7-1-19 .)
| 10 | | Section 95. The Cigarette Use Tax Act is amended by | 11 | | changing Section 6 as follows:
| 12 | | (35 ILCS 135/6) (from Ch. 120, par. 453.36)
| 13 | | Sec. 6. Revocation, cancellation, or suspension of | 14 | | license. The Department may, after notice and hearing as | 15 | | provided for by this
Act, revoke, cancel or suspend the license | 16 | | of any distributor or secondary distributor for the
violation | 17 | | of any provision of this Act, or for non-compliance with any
| 18 | | provision herein contained, or for any non-compliance with any | 19 | | lawful rule
or regulation promulgated by the Department under | 20 | | Section 21 of this Act,
or because the licensee is determined | 21 | | to be ineligible for a distributor's
license for any one or | 22 | | more of the reasons provided for in Section 4 of
this Act, or | 23 | | because the licensee is determined to be ineligible for a | 24 | | secondary distributor's license for any one or more of the |
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| 1 | | reasons provided for in Section 4b or Section 7a of this Act. | 2 | | However, no such license shall be revoked, canceled or | 3 | | suspended,
except after a hearing by the Department with notice | 4 | | to the distributor or secondary distributor, as
aforesaid, and | 5 | | affording such distributor or secondary distributor a | 6 | | reasonable opportunity to
appear and defend, and any | 7 | | distributor or secondary distributor aggrieved by any decision | 8 | | of the
Department with respect thereto may have the | 9 | | determination of the
Department judicially reviewed, as herein | 10 | | provided.
| 11 | | The Department may revoke, cancel, or suspend the license | 12 | | of any
distributor for a violation of the Tobacco Product | 13 | | Manufacturers' Escrow
Enforcement Act as provided in Section 30 | 14 | | of that Act. The Department may revoke, cancel, or suspend the | 15 | | license of any secondary distributor for a violation of | 16 | | subsection (e) of Section 15 of the Tobacco Product | 17 | | Manufacturers' Escrow Enforcement Act.
| 18 | | The Department may suspend the license of any distributor | 19 | | or secondary distributor for a violation of the Flavored | 20 | | Electronic Cigarette Ban Act as provided in Section 20 of that | 21 | | Act. | 22 | | Any distributor or secondary distributor aggrieved by any | 23 | | decision of the Department under this
Section
may, within 20 | 24 | | days after notice of the decision, protest and request a
| 25 | | hearing. Upon receiving a request for a hearing, the Department | 26 | | shall give
notice in writing to the distributor or secondary |
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| 1 | | distributor requesting the hearing that contains a
statement of | 2 | | the charges preferred against the distributor or secondary | 3 | | distributor and that states the
time and place fixed for the | 4 | | hearing. The Department shall hold the hearing in
conformity | 5 | | with the provisions of this Act and then issue its final
| 6 | | administrative decision in the matter to the distributor or | 7 | | secondary distributor. In the absence of a
protest and request | 8 | | for a hearing within 20 days, the Department's decision
shall | 9 | | become final without any further determination being made or | 10 | | notice
given.
| 11 | | No license so revoked, shall be reissued to any such
| 12 | | distributor or secondary distributor within a period of 6 | 13 | | months after the date of the final
determination of such | 14 | | revocation. No such license shall be reissued at all
so long as | 15 | | the person who would receive the license is ineligible to
| 16 | | receive a distributor's license under this Act for any one or | 17 | | more of the
reasons provided for in Section 4 of this Act or is | 18 | | ineligible to receive a secondary distributor's license under | 19 | | this Act for any one or more of the reasons provided for in | 20 | | Section 4b and Section 7a of this Act.
| 21 | | The Department upon complaint filed in the circuit court | 22 | | may by injunction
restrain any person who fails, or refuses, to | 23 | | comply with
this Act from acting as a distributor or secondary | 24 | | distributor of cigarettes in this State.
| 25 | | (Source: P.A. 96-1027, eff. 7-12-10.)
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| 1 | | Section 100. The Tobacco Products Tax Act of 1995 is | 2 | | amended by changing Section 10-25 as follows:
| 3 | | (35 ILCS 143/10-25)
| 4 | | Sec. 10-25. License actions. | 5 | | (a) The Department may, after notice and a hearing,
revoke, | 6 | | cancel, or suspend the license of any distributor or retailer | 7 | | who violates any of
the provisions of this Act, fails to keep | 8 | | books and records as required under this Act, fails to make | 9 | | books and records available for inspection upon demand by a | 10 | | duly authorized employee of the Department, or violates a rule | 11 | | or regulation of the Department for the administration and | 12 | | enforcement of this Act. The notice shall specify the alleged | 13 | | violation or
violations upon which the revocation, | 14 | | cancellation, or suspension proceeding is
based.
| 15 | | (b) The Department may revoke, cancel, or suspend the | 16 | | license of any
distributor for a violation of the Tobacco | 17 | | Product Manufacturers' Escrow
Enforcement Act as provided in | 18 | | Section 20 of that Act.
| 19 | | (b-5) The Department may suspend the license of any | 20 | | distributor or retailer for a violation of the Flavored | 21 | | Electronic Cigarette Ban Act as provided in Section 20 of that | 22 | | Act. | 23 | | (c) If the retailer has a training program that facilitates | 24 | | compliance with minimum-age tobacco laws, the Department shall | 25 | | suspend for 3 days the license of that retailer for a fourth or |
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| 1 | | subsequent violation of the Prevention of Tobacco Use by | 2 | | Persons under 21 Years of Age and Sale and Distribution of | 3 | | Tobacco Products Act, as provided in subsection (a) of Section | 4 | | 2 of that Act. For the purposes of this Section, any violation | 5 | | of subsection (a) of Section 2 of the Prevention of Tobacco Use | 6 | | by Persons under 21 Years of Age and Sale and Distribution of | 7 | | Tobacco Products Act occurring at the retailer's licensed | 8 | | location, during a 24-month period, shall be counted as a | 9 | | violation against the retailer. | 10 | | If the retailer does not have a training program that | 11 | | facilitates compliance with minimum-age tobacco laws, the | 12 | | Department shall suspend for 3 days the license of that | 13 | | retailer for a second violation of the Prevention of Tobacco | 14 | | Use by Persons under 21 Years of Age and Sale and Distribution | 15 | | of Tobacco Products Act, as provided in subsection (a-5) of | 16 | | Section 2 of that Act. | 17 | | If the retailer does not have a training program that | 18 | | facilitates compliance with minimum-age tobacco laws, the | 19 | | Department shall suspend for 7 days the license of that | 20 | | retailer for a third violation of the Prevention of Tobacco Use | 21 | | by Persons under 21 Years of Age and Sale and Distribution of | 22 | | Tobacco Products Act, as provided in subsection (a-5) of | 23 | | Section 2 of that Act. | 24 | | If the retailer does not have a training program that | 25 | | facilitates compliance with minimum-age tobacco laws, the | 26 | | Department shall suspend for 30 days the license of a retailer |
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| 1 | | for a fourth or subsequent violation of the Prevention of | 2 | | Tobacco Use by Persons under 21 Years of Age and Sale and | 3 | | Distribution of Tobacco Products Act, as provided in subsection | 4 | | (a-5) of Section 2 of that Act. | 5 | | A training program that facilitates compliance with | 6 | | minimum-age tobacco laws must include at least the following | 7 | | elements: (i) it must explain that only individuals displaying | 8 | | valid identification demonstrating that they are 21 years of | 9 | | age or older shall be eligible to purchase cigarettes or | 10 | | tobacco products and (ii) it must explain where a clerk can | 11 | | check identification for a date of birth. The training may be | 12 | | conducted electronically. Each retailer that has a training | 13 | | program shall require each employee who completes the training | 14 | | program to sign a form attesting that the employee has received | 15 | | and completed tobacco training. The form shall be kept in the | 16 | | employee's file and may be used to provide proof of training. | 17 | | (d) The Department may, by application to any circuit | 18 | | court, obtain an injunction
restraining any person who engages | 19 | | in business as a distributor of tobacco
products without a | 20 | | license (either because his or her license has been revoked,
| 21 | | canceled, or suspended or because of a failure to obtain a | 22 | | license in the first
instance) from engaging in that business | 23 | | until that person, as if that person
were a new applicant for a | 24 | | license, complies with all of the conditions,
restrictions, and | 25 | | requirements of Section 10-20 of this Act and qualifies for
and | 26 | | obtains a license. Refusal or neglect to obey the order of the |
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| 1 | | court may
result in punishment for contempt.
| 2 | | (Source: P.A. 100-940, eff. 8-17-18; 101-2, eff. 7-1-19 .)
| 3 | | Section 105. The Prevention of Cigarette Sales to Persons | 4 | | under 21 Years of Age Act is amended by changing Sections 2 and | 5 | | 5 as follows: | 6 | | (720 ILCS 678/2)
| 7 | | Sec. 2. Definitions. For the purpose of this Act: | 8 | | "Cigarette", when used in this Act, means any roll for | 9 | | smoking made wholly or in part of tobacco irrespective of size | 10 | | or shape and whether or not the tobacco is flavored, | 11 | | adulterated, or mixed with any other ingredient, and the | 12 | | wrapper or cover of which is made of paper or any other | 13 | | substance or material except whole leaf tobacco. | 14 | | "Clear and conspicuous statement" means the statement is of | 15 | | sufficient type size to be clearly readable by the recipient of | 16 | | the communication. | 17 | | "Consumer" means an individual who acquires or seeks to | 18 | | acquire cigarettes , electronic cigarettes, or related flavor | 19 | | products for personal use. | 20 | | "Delivery sale" means any sale of cigarettes , electronic | 21 | | cigarettes, or related flavor products to a consumer if: | 22 | | (a) the consumer submits the order for such sale by | 23 | | means of a telephone or other method of voice transmission, | 24 | | the mails, or the Internet or other online service, or the |
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| 1 | | seller is otherwise not in the physical presence of the | 2 | | buyer when the request for purchase or order is made; or | 3 | | (b) the cigarettes , electronic cigarettes, or related | 4 | | flavor products are delivered by use of a common carrier, | 5 | | private delivery
service, or the mails, or the seller is | 6 | | not in the physical presence of the buyer when the buyer | 7 | | obtains possession of the cigarettes , electronic | 8 | | cigarettes, or related flavor products . | 9 | | "Delivery service" means any person (other than a person | 10 | | that makes a delivery sale) who
delivers to the consumer the | 11 | | cigarettes , electronic cigarettes, or related flavor products | 12 | | sold in a delivery sale. | 13 | | "Department" means the Department of Revenue. | 14 | | "Government-issued identification" means a State driver's | 15 | | license, State identification card, passport, a military | 16 | | identification or an official naturalization or immigration | 17 | | document, such as an alien registration recipient card | 18 | | (commonly known as a "green card") or an immigrant visa. | 19 | | "Mails" or "mailing" mean the shipment of cigarettes , | 20 | | electronic cigarettes, or related flavor products through the | 21 | | United States Postal Service. | 22 | | "Out-of-state sale" means a sale of cigarettes , electronic | 23 | | cigarettes, or related flavor products to a consumer located | 24 | | outside of this State where the consumer submits the order for | 25 | | such sale by means of a telephonic or other method of voice | 26 | | transmission, the mails or any other delivery service, |
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| 1 | | facsimile transmission, or the Internet or other online service | 2 | | and where the cigarettes , electronic cigarettes, or related | 3 | | flavor products are delivered by use of the mails or other | 4 | | delivery service. | 5 | | "Person" means any individual, corporation, partnership, | 6 | | limited liability company, association, or other organization | 7 | | that engages in any for-profit or not-for-profit activities. | 8 | | "Shipping package" means a container in which packs or | 9 | | cartons of cigarettes , electronic cigarettes, or related | 10 | | flavor products are shipped in connection with a delivery sale. | 11 | | "Shipping documents" means bills of lading, air bills, or | 12 | | any other documents used to evidence the undertaking by a | 13 | | delivery service to deliver letters, packages, or other | 14 | | containers.
| 15 | | (Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.) | 16 | | (720 ILCS 678/5) | 17 | | Sec. 5. Unlawful shipment or transportation of cigarettes , | 18 | | electronic cigarettes, or related flavor products . | 19 | | (a) It is unlawful for any person engaged in the business | 20 | | of selling cigarettes , electronic cigarettes, or related | 21 | | flavor products to ship or cause to be shipped any cigarettes , | 22 | | electronic cigarettes, or related flavor products unless the | 23 | | person shipping the cigarettes :
| 24 | | (1) is licensed as a distributor under either
the | 25 | | Cigarette Tax Act, or the Cigarette Use Tax Act , or the |
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| 1 | | Tobacco Products Tax Act of 1995 ; or
delivers the | 2 | | cigarettes , electronic cigarettes, or related flavor | 3 | | products to a distributor licensed under either the | 4 | | Cigarette Tax Act , or the Cigarette Use Tax Act , or the | 5 | | Tobacco Products Tax Act of 1995 ; or | 6 | | (2) ships them to an export warehouse proprietor | 7 | | pursuant to
Chapter 52 of the Internal Revenue Code, or an | 8 | | operator of
a customs bonded warehouse pursuant to Section | 9 | | 1311 or
1555 of Title 19 of the United States Code.
| 10 | | For purposes of this subsection (a), a person is a licensed | 11 | | distributor if the person's name appears on a list of licensed | 12 | | distributors published by the Illinois Department of Revenue.
| 13 | | The term cigarette has the same meaning as defined in Section 1 | 14 | | of the Cigarette Tax Act and Section 1 of the Cigarette Use Tax | 15 | | Act.
The term electronic cigarette has the same meaning as | 16 | | defined in Section 10-5 of the Tobacco Products Tax Act of | 17 | | 1995. The term related flavor product has the same meaning as | 18 | | defined in Section 5 of the Flavored Electronic Cigarette Ban | 19 | | Act. Nothing in this Act prohibits a person licensed as a | 20 | | distributor under the Cigarette Tax Act or the Cigarette Use | 21 | | Tax Act from shipping or causing to be shipped any cigarettes | 22 | | to a registered retailer under the Retailers' Occupation Tax | 23 | | Act provided the cigarette tax or cigarette use tax has been | 24 | | paid.
| 25 | | (b) A common or contract carrier may transport cigarettes | 26 | | to any individual person in this State only if the carrier |
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| 1 | | reasonably believes such cigarettes have been received from a | 2 | | person described in paragraph (a)(1). Common or contract | 3 | | carriers may make deliveries of cigarettes to licensed | 4 | | distributors described in paragraph (a)(1) of this Section. | 5 | | Nothing in this subsection (b) shall be construed to prohibit a | 6 | | person other than a common or contract carrier from | 7 | | transporting not more than 1,000 cigarettes at any one time to | 8 | | any person in this State.
| 9 | | (c) A common or contract carrier may not complete the | 10 | | delivery of any cigarettes to persons other than those | 11 | | described in paragraph (a)(1) of this Section without first | 12 | | obtaining from the purchaser an official written | 13 | | identification from any state or federal agency that displays | 14 | | the person's date of birth or a birth certificate that includes | 15 | | a reliable confirmation that the purchaser is at least 21 years | 16 | | of age; that the cigarettes purchased are not intended for | 17 | | consumption by an individual who is younger than 21 years of | 18 | | age; and a written statement signed by the purchaser that | 19 | | certifies the purchaser's address and that the purchaser is at | 20 | | least 21 years of age. The statement shall also confirm: (1) | 21 | | that the purchaser understands that signing another person's | 22 | | name to the certification is illegal; (2) that the sale of | 23 | | cigarettes to individuals under 21 years of age is illegal; and | 24 | | (3) that the purchase of cigarettes by individuals under 21 | 25 | | years of age is illegal under the laws of Illinois. | 26 | | (d) When a person engaged in the business of selling
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| 1 | | cigarettes ships or causes to be shipped any cigarettes to any | 2 | | person in this State, other than in the cigarette | 3 | | manufacturer's or tobacco products manufacturer's original | 4 | | container or wrapping, the container or wrapping must be | 5 | | plainly and visibly marked with the word "cigarettes".
| 6 | | (e) When a peace officer of this State or any duly | 7 | | authorized officer or employee of the Illinois Department of | 8 | | Public Health or Department of Revenue discovers any | 9 | | cigarettes , electronic cigarettes, or related flavor products | 10 | | which have been or which are being shipped or transported in | 11 | | violation of this Section, he or she shall seize and take | 12 | | possession of the cigarettes , electronic cigarettes, or | 13 | | related flavor products , and the cigarettes shall be subject to | 14 | | a forfeiture action pursuant to the procedures provided under | 15 | | the Cigarette Tax Act or Cigarette Use Tax Act.
| 16 | | (Source: P.A. 101-2, eff. 7-1-19 .) | 17 | | Section 997. Severability. The provisions of this Act are | 18 | | severable under Section 1.31 of the Statute on Statutes. | 19 | | Section 999. Effective date. This Act takes effect June 1, | 20 | | 2020.".
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